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Articles 481 - 497 of 497
Full-Text Articles in Human Rights Law
Studi Tentang Hukum Air Dan Problematika Pemenuhan Hak Asasi Manusia Atas Air Di Indonesia, Hamid Chalid
Studi Tentang Hukum Air Dan Problematika Pemenuhan Hak Asasi Manusia Atas Air Di Indonesia, Hamid Chalid
Jurnal Hukum & Pembangunan
This research discusses the study on water law and the problematic of fulfillment of human rights to water in Indonesia. The focus of this research is to address the rights in accessing and obtaining water, as an essential prerequisite of human’s livelihood. This research also considers a case to describe the protection of the human right to water actualized in Indonesians daily life. The outcome of this research shows that there are dire problems and challenges in fulfilling human rights to water in Indonesia. Especially when faced with the global agenda of liberalizing and privatizing water, which often contradicts with …
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
Indonesia Law Review
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Indonesia Law Review
Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening …
Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita
Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita
Jurnal Hukum & Pembangunan
This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of …
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
Indonesia Law Review
In the context past gross human rights violation cases in Indonesia, the President’s constitutional authority to propose amnesty law might by and large implicate legal and ethical aspects. Holistically, any forgiveness and oblivion against any human rights violators should consider the development and the dynamic of international criminal law, which arguably have been directed to an absolute individual criminal responsibility. Against this issue, this paper finds that based on legal and ethical arguments, accompanied with various technical preconditions outlined in the Belfast Guideline on Amnesty and Accountability, an amnesty towards past gross human rights violators must be taken paradigmatically. Arguably, …
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia Law Review
This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal …
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Indonesia Law Review
Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have …
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Indonesia Law Review
This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …
Problem Hukum Regulasi Lmk & Lmkn Sebagai Pelaksanaan Undang-Undang Hak Cipta 2014, Agus Sardjono
Problem Hukum Regulasi Lmk & Lmkn Sebagai Pelaksanaan Undang-Undang Hak Cipta 2014, Agus Sardjono
Jurnal Hukum & Pembangunan
UUHC 2014 has been effective since October 2014. The various clauses in the law still contains potential problems, especially those related to copyright in the music, because of its multiple interpretations. The multiple interpretations conditions especially with respect to the setting of the Collective Management Organization. Regulation of the Minister of Law and Human Rights No. 29 In 2014 it adds to the potential problems due to a few mistakes LMKN arrangements concerning the formation and powers rest upon to him. The problem was quite pronounced, since an doctrinal analysis. This paper attempts to reveal the problems in question
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Indonesia Law Review
Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …
Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina
Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina
Jurnal Hukum & Pembangunan
The writer(s) of this article try to explain the rights of protection for the people in detention center. Many legal rules made by the state. But practicaly, the authorities in the detention center focused on the liability and responsibility of the prisoners rather then considered about their rights. So, this research group found some findings in their research site at the detention center, about the unfair treatment, discrimination, rights violation, and other mistreatment.
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
Indonesia Law Review
This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to …
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari
Jurnal Hukum & Pembangunan
The purpose of the first year research is to explain the implementation of Pembebasan Bersyarat (PB), Cuti Menjelang Bebas (CMB) and Cuti Bersyarat (CB) to indentify the obstacles of the implementation and to arrange the model concept of outside institution development for the prisoners in regard to the implementation of PB, CMB and CB that is fair, equitable and based on the perspective of correctional purpose. In the second year, the purpose of the researh is to carry out workshop in regards to socialized the model concept of outside institution development for the prisoners in regard to the implementation of …
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
Indonesia Law Review
The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights …
Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi
Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi
Indonesia Law Review
Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …
Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah
Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah
Indonesia Law Review
On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering …